User Agreement for ZynlePay Services
You agree that this user agreement will be effective as to all users on july 1, 2015
Welcome to ZynlePay!
This Agreement is a contract between you and Zynle Technologies Limited a Zambian company, and governs your use of all ZynlePay Services. Using the ZynlePay Services means that you must accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
Consumers (Users) are advised to read these terms and conditions carefully.
This is an important document which you must consider carefully when choosing whether to use the ZynlePay Services. Please note the following risks of using the ZynlePay Services:
Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
If you are a Seller, you can lower the risk of a payment being reversed from your Account by following the criteria set out in the Seller Protection.
We may close, suspend, or limit your access to your Account or the ZynlePay Services, and/or limit access to your funds if you violate this Agreement, the ZynlePay Acceptable Use Policy, or any other agreement you enter into with ZynlePay.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the ZynlePay Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
This Agreement is not a solicitation of the ZynlePay Services and ZynlePay is not targeting any country or market through this Agreement.
1. Payment Services and Eligibility.
1.1 Payment Services.ZynlePay is a payment services provider and acts as such by creating, hosting, maintaining and providing our ZynlePay Services to you via the Internet. Our services allow you to send payments to anyone with a ZynlePay Account, and, where available, to receive payments.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
ZynlePay is not a common carrier or public utility.
1.2 Eligibility.To be eligible to use the ZynlePay Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction or country.
1.3 Information.In order to open and maintain an Account, you must provide us with correct and updated Information.
Your contact information.
It is your responsibility to keep your primary email address up to
date so that ZynlePay can communicate with you electronically. You
understand and agree that if ZynlePay sends you an electronic
Communication but you do not receive it because your primary email
address on file is incorrect, out of date, blocked by your service
provider, or you are otherwise unable to receive electronic
Communications, ZynlePay will be deemed to have provided the
Communication to you. Please note that if you use a spam filter that
blocks or re-routes emails from senders not listed in your email
address book, you must add ZynlePay to your email address book so
that you will be able to receive the Communications we send to
you.
You can update your primary email address or street address
at any time by logging into the ZynlePay website. If your email
address becomes invalid such that electronic Communications sent to
you by ZynlePay are returned, ZynlePay may deem your Account to be
inactive, and you will not be able to transact any activity using
your ZynlePay Account until we receive a valid, working primary
email address from you.
Identity Verification. You authorize ZynlePay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.
Credit Report Authorization. If you open a Business Account, you are providing ZynlePay with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing ZynlePay to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time ZynlePay reasonably believes there may be an increased level of risk associated with your Business Account.
Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.
1.4 Beneficial Owner.
You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
2.1 Sending Limits.We may, at our discretion, impose limits on the amount of payments you can send through the ZynlePay Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.
2.2 Cards as Payment Methods.By adding a debit card, credit card or prepaid card as a Payment Method, you are providing ZynlePay with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.
2.3 Refused and Refunded Payments.When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your account. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.
2.4 Merchant Processing Delay.When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.
2.5 Preapproved Payments.A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments”, “preauthorized transfers” or "automatic payments". Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.
2.6 Stopping a Preapproved Payment.You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying ZynlePay. To stop a Preapproved Payment, access the My Preapproved Payments section of your Account Profile and follow the instructions to stop the payment. Once you contact ZynlePay to stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.
3.1 Ability to Receive Payments.You are eligible to receive payments as long as you are a citizen of one the countries listed on our website.
3.2 Liability for Invalidated Payments.When you receive a payment, you are liable to ZynlePay for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.
You agree to allow ZynlePay to recover any amounts due to ZynlePay by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse ZynlePay through other means. If a sender of a payment files a Chargeback, the credit card issuer, not ZynlePay, will determine who wins the Chargeback.
3.3 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting ZynlePay as a payment method. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-ZynlePay transactions.
3.4 Receiving Personal Payments.If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.
3.5 Preapproved Payments and/or No Log-In Payments.If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer’s Authorization to the payment amount, frequency and duration prior to submitting the payment.
4. Account Balances.
4.1 Balances.If you hold a balance, ZynlePay will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. ZynlePay will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. ZynlePay may receive interest on amounts that ZynlePay holds on your behalf. You agree to assign your rights to ZynlePay for any interest derived from your funds.
4.2 Setoff of Past Due Amounts.If you have a past due amount owed to ZynlePay, ZynlePay may debit your Account to pay any amounts that are more than 180 Days past due.
4.3 Negative Balances and Multiple Currencies.If your Account has a negative balance, ZynlePay may set-off the negative balance with any funds that you subsequently add or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, ZynlePay may set-off the negative balance by using funds you maintain in a different currency balance. If you open more than one Account, ZynlePay may set off the negative balance in one Account by using any balance that you maintain in your other Account(s). In the event that a negative balance is offset by ZynlePay pursuant to this paragraph, it may be bundled with another debit coming out of your Account.
5.1 How to Withdraw Money. You may withdraw funds from your Account by electronically transferring them to your local bank account
5.2 Withdrawal Limits.Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review.
5.3 Withdrawal Fees. When withdrawing your balance, you will be charged the Withdrawing your Balance Fee
6.1 How to Close Your Account.You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.
6.2 Limitations on Closing Your Account.You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect ZynlePay, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7.1 Types of Problems Covered.ZynlePay Buyer Protection helps you if you encounter either of these problems:
"Item Not Received"(INR): You did not receive the item you paid for with ZynlePay; or
"Significantly Not as
Described"(SNAD) You received an item you paid for with
ZynlePay but it is Significantly Not as Described (SNAD).
If your
problem is a transaction that you did not authorize, please see
section 8 below.An item is "Significantly Not as Described"
(SNAD) if it is materially different from what the Seller described
on its website or in the item listing. Here are some examples: You
received a completely different item. For example, you purchased a
book and received a DVD or an empty box.
The condition of the item was misrepresented. For example, the description when you bought the item said “new” and the item was used.
The item was advertised as authentic but is not authentic.
The item is missing major parts or features which were not disclosed in its description when you bought the item.
You purchased three items from a Seller but only received two.
The item was materially damaged during shipment.
An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description. Here are some examples:
The defect in the item was correctly described by the Seller.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was listed as used condition.
7.2 Eligibility Requirements.
To be eligible for ZynlePay Buyer Protection you must meet all of the following requirements:
Pay for the full amount of the item with one payment from your Account. Items purchased with multiple payments or installments are not eligible.
Open a Dispute within 180 Days of the date you sent the payment – then follow the online dispute resolution process described below under "Dispute Resolution"
Have an Account in good standing
You have not received a recovery related to such purchase from another source
7.3 Ineligible Items. Payments for the following arenoteligible for reimbursement under ZynlePay Buyer Protection:
Real estate
Businesses (when you buy a business)
Vehicles, including motorcycles, caravans, aircrafts and boats
Custom made items with SNAD issues
Items that violateZynlePay's Acceptable Use Policy
Items which you collect in person, or arrange to be collected on your behalf, including at a retail point of sale
Industrial machinery used in manufacturing
Items equivalent to cash, including prepaid or gift cards
Personal Payments
Even if your payment is not eligible for ZynlePay Buyer Protection, you can file a Dispute and resolve the issue directly with the Seller, however, ZynlePay will not find in your favor if you escalate a Dispute to a Claim when an item is not eligible for ZynlePay Buyer Protection.
7.4 Coverage Amount.If you are eligible for ZynlePay Buyer Protection and ZynlePay finds in your favor on your Claim, ZynlePay will reimburse you for the full purchase price of the item and original shipping costs.
ZynlePay will not reimburse you for the return shipping costs that you incur to return a Significantly Not as Described (SNAD) item to the Seller or other party specified by ZynlePay. If the Seller presents evidence that they delivered the goods to your address, ZynlePay may find in favor of the Seller for an Item Not Received (INR) Claim even if you did not receive the goods.
7.5 Dispute Resolution.If you are unable to resolve a problem directly with a Seller, you can go to theResolution Centerand follow this process:
Open a Dispute.Open a Disputewithin 180 Days of the date you made the payment to negotiate with the Seller for resolution of the Dispute.
Escalate the Dispute to a
Claim.If you and the Seller are unable to come to an agreement,
you can escalate the Dispute to a Claimwithin 20 Daysafter
opening the Dispute.
You must wait at least 7 Days from the date
of payment to escalate a Dispute for an Item Not Received (INR),
unless the Dispute is for $2,500 USD or more (or other currency
equivalent). If you do not escalate the Dispute to a Claim within 20
Days, ZynlePay will permanently close the Dispute.
Respond to ZynlePay's requests for information in a timely manner. During the Claim process, ZynlePay may require you to provide documentation to support your position.
Comply with ZynlePay's
shipping requests in a timely manner. For Significantly Not as
Described (SNAD) Claims, ZynlePay will generally require you, at
your expense, to ship the item back to the Seller, or to ZynlePay,
or to a third party and to provide proof of delivery.
For
transactions that total less than $250 USD, proof of delivery is
confirmation that can be viewed online and includes the delivery
address showing at least city/state or postal code, delivery date,
and the URL to the shipping company’s website if you’ve selected
“Other” in the shipping drop down menu. For transactions that
total $250 USD or more you must also get a signature confirmation of
the delivery
:
Claim Resolution Process. Once a Dispute has been escalated to a Claim, ZynlePay will make a final decision in favor of the buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that ZynlePay specifies. ZynlePay retains full discretion to make a final decision in favor of the buyer or the Seller. In the event that ZynlePay makes a final decision in favor of the buyer or Seller, each party must comply with ZynlePay’s decision. ZynlePay will generally require the buyer to ship an item that the buyer claims is SNAD back to the Seller (at the buyer’s expense), and ZynlePay will generally require a Seller to accept the item back and refund the buyer the full purchase price plus original shipping costs. In the event a Seller loses a Claim, the Seller will not receive a refund on his or her ZynlePay fees associated with the transaction. If you are a Seller and you lose a SNAD Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back.
7.6 Relationship between ZynlePay's protection programs and Chargebacks.Credit card Chargeback rights, if they apply, may be broader than ZynlePay’s protection programs. Chargebacks may cover unsatisfactory items even if they do not qualify as SNAD, and may cover intangible items. You may pursue a Dispute/Claim with ZynlePay, or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with ZynlePay, and also file a Chargeback with your credit card company, ZynlePay will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights.
Before contacting your card issuer or filing a Dispute with ZynlePay, you should contact the Seller to resolve your issue in accordance with the Seller’s return policy as stated on their auction or website.
7.7 No Double Recovery.You may not file a Dispute/Claim, or receive a recovery, for a purchase under ZynlePay Buyer Protection if you have already received a recovery for that purchase directly from the Seller or another third party, or if you have already filed a case for that purchase with the Seller or another third party.
8. Errors and Unauthorized Transactions.
8.1 Protection for Unauthorized Transactions and Errors.When an Unauthorized Transaction or an Error occurs in your Account, ZynlePay will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below.
An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.
8.2 Notification Requirements.
You should immediately notify ZynlePay if you believe:
there has been an Unauthorized Transaction or unauthorized access to your Account;
there is an Error in your Account history statement (you can access your Account history by logging into your Account and clicking on a link to “View all of my transactions” ) or in your transaction confirmation sent to you by email;
your password or ZynlePay Mobile PIN has been compromised;
your ZynlePay Mobile-activated phone has been lost, stolen or deactivated; or
you need more information about a transaction listed on the statement or transaction confirmation.
To be eligible for protection
for Unauthorized Transactions, you must notify us within 60 Days
after any Unauthorized Transaction first appears in your Account
history statement. We will extend the 60 Day time period if a good
reason, such as a hospital stay, kept you from notifying us within
60 Days.
You should regularly log into your Account and review
your Account history statement to ensure that there has not been an
Unauthorized Transaction or Error. ZynlePay will also send an email
to the primary email address you have provided in order to notify
you of each transaction from your Account. You should also review
these transaction confirmations to ensure that each transaction was
authorized and is accurate.
For Unauthorized Transactions or Errors in your Account, notify us as follows:
Write to ZynlePay, Attn: Error Resolution Department, P.O. Box 33864, Lusaka, Zambia 10101
Call ZynlePay Customer Service at (260) 955000679
When you notify us, provide us with all of the following information:
Your name and email address registered to your Account;
A description of any suspected Unauthorized Transaction or Error and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and
The amount of any suspected Unauthorized Transaction or Error.
If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may request additional information from you.
8.3 ZynlePay Actions after Receipt of Your Notification.Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Error that is eligible for protection.
We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transactions or Error. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 Days to complete our investigation (or up to 90 Days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction).
If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected Unauthorized Transaction or Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new Accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days (or 20 Business Days for new Accounts), we will not provisionally credit your Account.
We will inform you of our
decision within 3 Business Days after completing our
investigation.
If we determine that there was an Unauthorized
Transaction or Error, we will promptly credit the full amount into
your Account within 1 Business Day of our determination. Or, if you
have already received a provisional credit, you will be allowed to
retain those amounts.
If we decide that there was not an
Unauthorized Transaction or Error, we will include an explanation of
our decision in our email to you. If you received a provisional
credit, we will remove it from your Account and notify you of the
date and amount of the debit. You may request copies of the
documents that we used in our investigation.
8.4 ZynlePay Errors.We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, ZynlePay will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, ZynlePay will debit the extra funds from your Account.
8.5 Your Errors.If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. ZynlePay will not reimburse you or reverse a payment that you have made in error.
9. ZynlePay Seller Protection.
9.1 ZynlePay Seller Protection.
ZynlePay Seller Protection is protection we provide to Sellers from Claims, Chargebacks, or Reversals that are based on
Unauthorized Transaction; or
Item Not Received.
ZynlePay Seller Protection is available for eligible payments from buyers in any country. If you sell or market to buyers in other countries, you should read the ZynlePay Buyer Protection policies of the countries in which your target buyers are based these policies will apply to you as a Payment Recipient or Seller.
9.2 Scope of Protection. ZynlePay will protect you for the full amount of the eligible payment and waive the Chargeback Fee, if applicable.
9.3 Eligibility Requirements.To be eligible for ZynlePay Seller Protection, you must meet all of the basic requirements listed below under (a) Basic Requirements. To be covered for Item Not Received protection you must meet both the Basic Requirements and the Item Not Received Additional Requirements listed below under (b). To be covered for Unauthorized Transactions protection you must meet both the Basic Requirements and the Unauthorized Transactions Additional Requirements listed below under (c)
Basic Requirements:
You must ship the item to the shipping address on the Transaction Details Page.
You must respond to ZynlePay's requests for documentation and other information in a timely manner.
The item must be a physical, tangible good that can be shipped.
Item Not Received Additional Requirements:
The payment must be marked
"eligible" or "partially eligible" for ZynlePay
Seller
Protection on the Transaction Details Page.
You must have a Proof of Delivery as described below in Section 9.4.
You must ship the item within 7 Days of receipt of payment. Or, if the payment is for pre-ordered or made-to-order goods, shipment is required within the timeframe specified in your item listing.
Unauthorized Transactions Additional Requirements:
The payment must be marked "eligible" for ZynlePay Seller Protection on the Transaction Details Page.
You must have a Proof of Shipment or a Proof of Delivery as described below in Section 9.4.
9.4
Proof of Shipment, Proof of Delivery, and Signature Confirmation
Requirements:
"Proof of Shipment" is online or
physical documentation from a shipping company that includes all of
the following:
The date the item is shipped.
The recipient's address, showing at least the city/state or postal code (or international equivalent).
"Proof of Delivery (for tangible items)" is online documentation from a shipping company that includes all of the following:
The date the item is delivered.
The recipient's address, showing at least the city/state or postal code (or international equivalent).
Signature Confirmation as described below for payments of $750 USD or more
"Signature Confirmation" is online documentation that can be viewed at the shipping company's website and indicates that the item was signed for on delivery.
“Proof of Delivery (for intangible or virtual items or services)” means any compelling evidence to show the purchase order was fulfilled and includes all of the following:
The date the item or service was provided;
The recipient’s address (email/IP, etc) where applicable.
NOTE: Although Buyer Protection extends coverage to buyers for intangible items, Seller Protection does not apply to intangible items.
9.5 Items/Transactions not Eligible for ZynlePay Seller Protection. The following are examples of items/transactions not eligible for ZynlePay Seller Protection:
Claims or Chargebacks for Significantly Not as Described.
Items that you deliver in person, including at a point of sale.
Intangible items, including Digital Goods and services.
ZynlePay Direct Payments (including Virtual Terminal Payments and Website Payments Pro/Plus payments).
Items that are not shipped to the recipient address. If you originally ship the item to the recipient address but the item is later redirected to a different address, you will not be eligible for ZynlePay Seller Protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery.
10.1 Restricted Activities.In connection with your use of our website, your Account, the ZynlePay Services, or in the course of your interactions with ZynlePay, other Users, or third parties, you will not:
Breach this Agreement, theCommercial Entity Agreement, theAcceptable Use Policyor any other Policy that you have agreed to with ZynlePay;
Violate any law, statute, ordinance, or regulation;
Infringe ZynlePay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Sell counterfeit goods;
Act in a manner that is defamatory, trade libelous, threatening or harassing to our employees, agents or other Users;
Provide false, inaccurate or misleading Information;
Engage in potentially fraudulent or suspicious activity and/or transactions;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Receive or attempt to receive funds from both ZynlePay and the Seller, bank or credit card issuer for the same transaction during the course of a dispute;
Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
Conduct your business or use the ZynlePay Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to ZynlePay, other Users, third parties or you;
Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the ZynlePay Services;
Use your Account or the ZynlePay Services in a manner that ZynlePay, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
Allow your Account to have a negative balance;
Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
Access the ZynlePay Services from a country that is not listed on ZynlePay'sWorldwide page.
Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
Send unsolicited email to a User or use the ZynlePay Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the ZynlePay Services; or
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.
11. Your Liability - Actions We May Take.
11.1 Your Liability.
General.You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by ZynlePay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the ZynlePay Services. You agree to reimburse ZynlePay, a User, or a third party for any and all such liability.
Liability for Claims under
ZynlePay Buyer Protection.If you are a Seller and you lose a
Claim filed directly with ZynlePay, you will be required to
reimburse ZynlePay for your liability. Where you receive payment
from a ZynlePay Account holder in another country and we determine
under the Buyer Protection policy of that country that the funds
received should be returned or reversed, you will be required to
reimburse ZynlePay for your liability (before receiving payment from
a ZynlePay Account holder in another country, you should review the
relevant ZynlePay Buyer Protection policies available). Your
liability will include the full purchase price of the item plus the
original shipping cost (and in some cases you may not receive the
item back), and the ZynlePay Fees that you were charged for the
transaction. ZynlePay Seller Protection will cover your liability
for eligible Claims based on Item not Received, and eligible
Unauthorized Transactions - see Section 9 (ZynlePay Seller
Protection) above.
If a buyer files a Significantly Not as
Described (SNAD) Claim for an item he or she purchased from you, you
will generally be required to accept the item back and refund the
buyer the full purchase price plus original shipping costs. You will
not receive a refund on your ZynlePay Fees. Further, if you lose a
SNAD Claim because we, in our sole discretion, reasonably believe
the item you sold is counterfeit, you will be required to provide a
full refund to the buyer and you might not receive the item back
from the buyer (for instance, it may be disposed of or otherwise
irreversibly dealt with). ZynlePay Seller Protection will not cover
your liability for SNAD Claims.
Liability for claims filed under eBay’s Money Back Guarantee program. If you are an eBay Seller and eBay makes a final decision pursuant to its eBay Money Back Guarantee program holding you liable to reimburse the buyer, then you authorize ZynlePay to remove funds from your Account in an amount not greater than the amount of such claim and remit such funds to eBay. If your balance is insufficient to cover the amount of such a claim, ZynlePay will place a hold on your Account. This hold will remain on your Account until:(1) the date that sufficient funds become available to cover the amount of such claim, at which time such funds will be removed from your Account; or (2) 20 Days from the date of eBay's final decision, at which time an amount not greater than the amount of such claim will be removed from your Account.
Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by ZynlePay. ZynlePay will not be liable for any loss or damage you or anyone else suffers where ZynlePay acts on those instructions in good faith, unless it was proved that ZynlePay was negligent.
11.2 Reimbursement for Your Liability.In the event that you are liable for any amounts owed to ZynlePay, ZynlePay may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your Balance or reimburse ZynlePay through an alternative method. If you do not do so, ZynlePay may engage in collection efforts to recover such amounts from you.
11.3 Actions by ZynlePay – Restricted Activities.If ZynlePay, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect ZynlePay, Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may close, suspend, or limit your access to your Account or the ZynlePay Services;
We may suspend your eligibility for ZynlePay Buyer Protection and/or ZynlePay Seller Protection;
We may refuse to provide the ZynlePay Services to you now and in the future; and
We may hold your funds for a period of time reasonably needed to protect against the risk of liability to ZynlePay or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
11.4 Actions by ZynlePay - Holds.
Risk-Based Holds.ZynlePay, in its sole discretion, may place a hold on any or all of the payments you receive when ZynlePay believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. ZynlePay’s determination may be based on different factors and ZynlePay may rely on information it receives from third parties. If ZynlePay places a hold on a payment, the funds will appear in your “pending balance” and the payment status will indicate the hold, for example it can show as “Completed - Funds not yet available.” If ZynlePay places a hold on any or all of the payments you receive, ZynlePay will provide you with notice of our actions. ZynlePay will release the hold on any payment after 30 Days from the date the payment was received into your Account unless ZynlePay has a reason to continue to hold the payment such as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) ZynlePay believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) ZynlePay believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, ZynlePay may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. ZynlePay, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
Disputed Transaction Holds.If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, ZynlePay may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for ZynlePay Seller Protection, ZynlePay will lift the temporary hold. If you lose the dispute, ZynlePay will remove the funds from your Account. This process also applies to any claim that a buyer files directly with eBay through the eBay Money Back Guarantee program, provided that your Account is your reimbursement method for amounts you owe to eBay or to the buyer (as the case may be) under the terms of the eBay Money Back Guarantee program.
11.5 Actions by ZynlePay - Reserves.
ZynlePay, in its sole discretion, may place a Reserve on funds held in your Business Account when ZynlePay believes there may be a high level of risk associated with your Account. If ZynlePay places a Reserve in your Account, transactions will be shown as "pending" in your ZynlePay balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, ZynlePay will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that ZynlePay determines is necessary to protect against the risk associated with your Account. ZynlePay may change the terms of the Reserve at any time by providing you with notice of the new terms.
11.6 Actions by ZynlePay - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria.ZynlePay, in its sole discretion, reserves the right to terminate this Agreement and/or access to the ZynlePay Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that ZynlePay’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the ZynlePay system. You agree that ZynlePay is under no obligation to disclose the details of its risk management or its security procedures to you.
11.7 Acceptable Use Policy Violations.If you violate theAcceptable Use Policythen in addition to the above actions you will be liable to ZynlePay for the amount of ZynlePay’s damages for each violation of the Acceptable Use Policy. You agree that $2,500.00 USD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of ZynlePay’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to ZynlePay that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. ZynlePay may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.
12.1 Contact ZynlePay First.If a dispute arises between you and ZynlePay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and ZynlePay regarding the ZynlePay Services may be reported to Customer Service online through theZynlePay Help Centerat any time.
12.2 Arbitration.For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Zambia International Arbitration Centre or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3 Law and Forum for Disputes.Except as otherwise agreed by the parties or as described in Section 12.2 above, you agree that any claim or dispute you may have against ZynlePay must be resolved by a court located in Zambia or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Zambia for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Zambia as such laws are applied to agreements entered into and to be performed entirely within Zambia, without regard to conflict of law provisions.
12.4 Improperly Filed Litigation.All claims you bring against ZynlePay must be resolved in accordance with Section 12 of this Agreement. All claims filed or brought contrary to Section 12 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 12, ZynlePay may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that ZynlePay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12.5 Notices to You.You agree that ZynlePay may provide you Communications about your Account and the ZynlePay Services electronically. ZynlePay reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.
12.6 Notices to ZynlePay.Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 12.1, notice to ZynlePay must be sent by postal mail to: Zynle Technologies Limited., Attention: Legal Department, P.O Box 33864, Lusaka Zambia 10101.
12.7 Insolvency Proceedings.If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, ZynlePay will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
12.8 Release of ZynlePay.If you have a dispute with one or more Users, you release ZynlePay and Affiliates (and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
13.1 Limitations of Liability.IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE ZYNLEPAY SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDAREIS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
13.2 Services Limitation.ZynlePay is not a bank and the ZynlePay Services are payment processing services rather than banking services. ZynlePay is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. ZynlePay does not have control of, nor liability for, the products or services that are paid for with the ZynlePay Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
13.3 No Warranty.THE ZYNLEPAY SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. ZYNLEPAY, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZynlePay does not have any control over the products or services that are paid for with the ZynlePay Services and ZynlePay cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. ZynlePay does not guarantee continuous, uninterrupted or secure access to any part of the ZynlePay Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. ZynlePay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but ZynlePay makes no representations or warranties regarding the amount of time needed to complete processing because the ZynlePay Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.
13.4 Indemnification.You agree to defend, indemnify and hold ZynlePay, Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of the ZynlePay Services.
13.5 License Grant.If you are using ZynlePay software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then ZynlePay grants you a revocable, non-exclusive, non-transferable license to use ZynlePay's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all ZynlePay documentation accompanying the ZynlePay Services. If you do not comply with ZynlePay's implementation and use requirements you will be liable for all resulting damages suffered by you, ZynlePay and third parties. ZynlePay may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to ZynlePay's software are owned by ZynlePay. Any third party software application you use on the ZynlePay website is subject to the license you agreed to with the third party that provides you with this software. ZynlePay does not own, control nor have any responsibility or liability for any third party software application you elect to use on the ZynlePay website and/or in connection with the ZynlePay Services. If you are using the ZynlePay Services on the ZynlePay website, or other website or platform hosted by ZynlePay, or a third party, and are not downloading ZynlePay's software or using third party software applications on the ZynlePay website, then this section does not apply to your use of the hosted ZynlePay Services.
13.6 License Grant from You to ZynlePay; IP Warranties.Subject to section 13.7, when providing ZynlePay with content or posting content using ZynlePay Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against ZynlePay, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to ZynlePay, your posting of content using the ZynlePay Services, and ZynlePay’s use of such content (including of works derived from it) in connection with the ZynlePay Services.
13.7 License Grant from Merchants to ZynlePay. Section 13.6 notwithstanding, if you are a Merchant using ZynlePay Services, you hereby grant us a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free right to use and display publicly, during the term of this Agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a Merchant that accepts a ZynlePay Service as a payment form, and (2) any other use to which you specifically consent.
13.8 Intellectual Property."ZynlePay.com," "ZynlePay”, and all other URLs, logos and trademarks related to the ZynlePay Services are either trademarks or registered trademarks of ZynlePay or its licensors. You may not copy, imitate or use them without ZynlePay's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ZynlePay. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by ZynlePay through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the ZynlePay Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to ZynlePay or the ZynlePay Services or display them in any manner that implies ZynlePay's sponsorship or endorsement. All right, title and interest in and to the ZynlePay website, any content thereon, the ZynlePay Services, the technology related to the ZynlePay Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of ZynlePay and its licensors.
13.9 Calls to You; Mobile Telephone Numbers.By providing ZynlePay a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from ZynlePay at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the ZynlePay Services at that number.
13.10 Marketing.If you receive Information about another User through the ZynlePay Services, you must keep the Information confidential and only use it in connection with the ZynlePay Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
13.11 Password Security.You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the ZynlePay Services.
13.12
Taxes.It
is your responsibility to determine what, if any, taxes apply to the
payments you make or receive, and it is your responsibility to
collect, report and remit the correct tax to the appropriate tax
authority. ZynlePay is not responsible for determining whether taxes
apply to your transaction, or for collecting, reporting or remitting
any taxes arising from any transaction.
Please be advised that you
may be subject to withholding taxes or other tax liabilities with
respect to importing services from a foreign entity. In addition, you
may be subject to VAT, sales tax, income tax, or other tax
liabilities as a seller of goods or services. It is your
responsibility to check with your local tax advisor to determine
which taxes apply to you, and it is your responsibility to pay such
taxes to the appropriate tax authority. All Fees related to the
ZynlePay Services are made free and clear of, and without any
deduction or withholding for and on account of, any taxes, duties or
other deductions. Any such deduction or withholding, if required by
the laws of any country are your sole responsibility.
13.13
Complete Agreement and Survival.
This Agreement, along with any applicable Policies on theLegal Agreementspage on the ZynlePay website, sets forth the entire understanding between you and ZynlePay with respect to the ZynlePay Services. Sections 6 (Closing Your Account), 11 (Your Liability – Actions We May Take), 12 (Disputes with ZynlePay), 13 (General Terms), 14 (Definitions), and Exhibit A (Fees) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13.14 Assignment.You may not transfer or assign any rights or obligations you have under this Agreement without ZynlePay's prior written consent. ZynlePay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
13.15 Translated Agreement.Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
13.16 No Waiver.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
13.17 Assumption of Rights.If ZynlePay pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that ZynlePay assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in ZynlePay's discretion.
"Account"or"ZynlePay Account"means a Personal or Business ZynlePay Account.
"Add Money"or"Top Up"means your ability to transfer money from your bank account to your ZynlePay Account.
"Authorize"or"Authorization"means a buyer’s express authorization to a Merchant to collect a payment from the buyer’s ZynlePay Account.
"Automatic Transfer Countries"means Albania, Algeria, Antigua and Barbuda, Barbados, Belize, Bosnia and Herzegovina, Dominica, Egypt, Fiji, French Polynesia, Grenada, Malawi, New Caledonia, Palau, Saint Kitts and Nevis, Saint Lucia, Seychelles, Trinidad and Tobago, Turks and Caicos.
"Automatic Transfer"means a withdrawal of your Account balance that is initiated by ZynlePay. If your Account is registered in one of the Automatic Transfer Countries, then your balance will be regularly withdrawn to your linked financial instrument pursuant to theseterms and conditions.
"Business Account"means an Account used primarily for business purposes and not for personal, family, or household purposes.
"Business Days"means Monday through Friday, excluding the official national holidays recognized in Singapore.
"Chargeback"means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a User files directly with ZynlePay in theOnline Resolution Centerpursuant to Section 7 of this Agreement.
"Commercial Entity Agreement"means the agreement that commercial entities are required to enter into directly with ZynlePay's payment processor(s).
"Commercial Payment"means as defined in Exhibit A (Fees) below.
"Communications"means any Account or transaction information that ZynlePay provides to you, including: any Policies you agree to, including updates to these Policies; annual disclosure; transaction receipts or confirmations; Account statements and history; and tax statements we are required to make available to you.
"Customer Service"is ZynlePay's customer support which can be accessed online through theZynlePay Help Centerat any time, or by calling (402) 935-2050 (in the U.S.) from 6 AM to midnight U.S. Central Time.
"Days"means calendar days.
"Default Payment Methods"means the order in which ZynlePay uses your Payment Methods to fund a transaction if you do not select a Preferred Payment Method.
"Digital Goods"means goods that are delivered and used in an electronic format.
"Dispute"means a dispute filed by a User directly with ZynlePay in theOnline Resolution Centerpursuant to Section 7 of this Agreement.
"eBay"means eBay Inc.
"eCheck"means a payment funded using a sender's bank account that is held pending and not received by the recipient until it clears. When you send money using eCheck it will usually be held pending for 3-4 Business Days. The amount of time that it is held pending will increase if the payment is sent from a bank account outside the U.S.
"Fees"means those amounts stated in Exhibit A (Fees) of this Agreement.
"Information"means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
"Instant Transfer"means a payment funded using the sender's bank account in which ZynlePay credits the recipient instantly.
"Item Not Received"means a challenge to a payment from a User claiming that the item purchased was not received.
"Merchant"and“Seller”are used interchangeably and mean a User who is selling goods and/or services and using the ZynlePay Services to receive payments.
"Micropayments for Digital Goods"means the ZynlePay Service offered to certain qualifying Merchants who sell Digital Goods that, among other things, offers micropayments pricing and integrated website tools.
"No Log-In Payment"means a ZynlePay payment that is made without the sender having to log into his/her Account.
"Payment Method"means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction (subject to availability): balance, Instant Transfer, eCheck, credit card, debit card, and Redemption Codes.
"ZynlePay Direct Payment"means a payment that is made directly through the buyer’s credit or debit card and not through a ZynlePay Account, such as payments made through Website Payments Pro.
"ZynlePay Mobile"means a ZynlePay Service that allows you to send and receive payments through your mobile phone.
"ZynlePay Seller Protection"means the protection program ZynlePay offers Sellers as described in Section 9.
"ZynlePay Services"means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.
"ZynlePay,""we," "us"or"our"means Zynle Technologies Limited.
"Policy"or"Policies"means any Policy or other agreement between you and ZynlePay that you entered into on the ZynlePay website, or in connection with your use of the ZynlePay Services.
"PreapprovedPayment"means a payment in which the recipient is provided advance Authorization to debit the sender’s Account directly on a one-time, regular, or sporadic basis in accordance with the recipient’s agreement with the sender. Preapproved Payments are sometimes called "subscriptions", “automatic payments”, “automatic billing” or "recurring payments."
"Preferred Payment Method"means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.
"Redemption Code"means the sequence of letters, numbers, and/or symbols placed on gift certificates, promotional coupons or other promotional offers and used to obtain a benefit.
"Reserve"means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the ZynlePay Services.
"Restricted Activities"means those activities described in Section 10 of this Agreement.
"Reversal"means ZynlePay reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in Error by ZynlePay, Affiliates, or any direct or indirect ZynlePay subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement, the ZynlePay Acceptable Use Policy, or any other Policy, or (e) ZynlePay decided a Claim against you.
"Seller"– see "Merchant" definition.
"Significantly Not as Described"has the definition provided in Section 7.1 of this Agreement.
"Substantial Change"means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
"Top Up"– see “Add Money” definition.
"Transaction Details Page"means the page on the ZynlePay website titled "Transaction Details" that displays information about the transaction. This page is accessible from the individual transaction in your Account on the ZynlePay website.
"Unauthorized Transaction"means as defined in Section 8.1 of this Agreement.
"Verified Account"means an Account status that reflects that ZynlePay has verified that an Account holder has legal control of one or more of his or her Payment Methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.
"Virtual Terminal Payment"means a payment processed by ZynlePay through the Virtual Terminal flows that is funded directly by a credit or debit card and not through an Account. "User" means any person or entity using the ZynlePay Services including you.
“Account Profile"means the location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details, Preapproved Payments authorizations, your selling tools, and your Account settings including your notification preferences and API Access permissions.
“Affiliate” means ZynlePay Holdings Inc. or a company that is a direct or indirect subsidiary of ZynlePay Holdings Inc., or otherwise related to ZynlePay through common ownership or control.
“Error”means a processing error made by ZynlePay or its suppliers in which your Account is mistakenly debited or credited.
“Personal Payment”means a payment to a friend or a family member for goods and/or services such as your share of the rent or a dinner bill. Personal Payments may not be used for sending gifts. Personal Payments are not available in most countries.